Minnesota Recent Legal Answers from Lawyers

The lack of signature by the other party is probably unimportant, particularly since the parties apparently operated under the agreement for a period of time, and the party who didn't sign (you really don't know that the company didn't sign, only that it didn't provide your son with a copy of the signed agreement) and the nonsigning party delivered a copy of the agreement to your son,  but that doesn't mean that the non-compete provision is enforceable. Unless the parties specifically contemplated that they would not have an agreement until both parties signed (the fact that your son worked for a while pursuant to the contract indicates that this was  not such a case), any court will probably only be concerned that the contract was signed by the party against whom it is sought to be enforced, i.e. your son, if he is sued for breaching the non-compete clause (known as a restrictive covenant). However, restrictive covenants in employment (although your son may have been an independent contractor, I think his situation would be analyzed the same way as an employee's) are somewhat disfavored (in California they are virtually verboten, but other states are more open to them) and generally will only be enforced to the extent necessary to protect the employer's vital interests.  There are many factors which factor into the analysis of whether a restrictive covenant will be enforced, including whether the employee quit or was fired, whether the employee has any special skills or training, whether the employer spent any time or money training the employee, how long the covenant runs and how wide is the geograpical area it covers, whether there are any trade secrets or confidential information of the employer which are being protected, whether the employee received any additional compensation for entering into the non-compete agreement, whether the employer enforces the such coveants uniformly or selectively, the type of industry in which the parties operate, etc., etc.  My gut feeling from your brief description of your son's job is that this covenant would not be enforced. However, even if a restrictive covenant is not enforceable on its face, courts will sometimes "blue pencil" a clause to make it enforceable.  In other words, if a court deems the 1 1/2 year restriction to be too long, or the geographical scope of the clause too wide, but otherwise thinks the covenant is reasonable, it may modify the restriction to only last for a shorter period or cover a smaller geographical area.... Read More

The first thing you need to do is obtain a copy of the deed from the County register. It is public knowledge and obtainable. The way title is held wil control the ownership. If it is just the two names, then both will own it equally no matter who has been making the payments. The person making the payments should be able to recover the expenses when the porperty is sold unless the other co-owner can prove that the payments were a gift. The property can only be conveyed with the consent and signitures of both individuals. The copy of the deed will be most helpful.       ... Read More

That is the idea. The basic concept is that, if the open source software creators are making their work non-proprietary, they want your uses to be non-proprietary as well. You'd have to review the full terms of the license to determine what, if anything, the software creators did wish to control as proprietary, but the quoted language cuts a broad swath.... Read More

You need to ask a local MN lawyer. My opinion would be that if they did not have a search warrant, the needed the consent of someone who had control over the premises to authroize the search. This could have been another resident of the house, but this area of law is tricky and fact driven and you really need to have a local lawyer examine all of the facts in order to have a sound opinion. ... Read More

I am not sure what the specific laws are in your state, but in Mississippi (where I am) you would not get the money until you are 21.   You need to check your local laws and see what they say, along with whatever the paperwork regarding the settlement you received when you were younger says.   Regardless, however, you can petition the Court to receive some of the money before it is all due to you.  Usually a Judge will allow disbursement of some money for some important things, like to pay for college or school books, etc.   To be sure, you should contact the attorney who is managing your trust.   Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.  ... Read More

Assuming that the contract was with the school, not the prior director personally, and assuming that there were no problems with the contract originally, that it had no term limitation (i.e. was supposed to last for five years) and that it hasn't been superceded or modified by a later agreement, yes.... Read More

Your employer can't force you to be treated, but it may well be able to fire or suspend you if you decline.  I'm not aware of any statute which protects you from adverse employment consequences in this situation (although it is possible that there is such a statute in Minnesota), so your rights depend on your employment contract.  What does it say?... Read More

If your co-worker lied with the intent of getting you fired, he/she could be deemed to have tortiously interfered with your employment contract, and be liable to you for the damages you've suffered, and possibly for punitive damages.  However, there are numerous obstacles to your potential success on your claim in court.... Read More

If you were injured in California while you resided in California, and you have a claim in California, you need a lawyer who knows California workers' compensation law. Each state has its own set of laws and regulations governing workplace injuries. In California, the practice of workers' compensation law is so complex that the State Bar of California has designated it as a practice area in which an attorney can be certified as a specialist, based on peer reviews, a rigorous all-day examination, and stringent practice requirements. Moreover, your case, if it can't be settled, will need to be tried before a California workers' compensation judge, in California. A lawyer trying such a case would have to be licensed by the bar in California as well. Taken together, these factors demonstrate the extreme improbability of finding a Minnesota lawyer who will take your case and be able to successfully represent you. You need a California attorney. One source that can be useful in finding a knowledgeable workers' compensation attorney is the website of the California Applicants' Attorneys Association, www.caaa.org, which has a "find a lawyer" feature. This organization has over 750 attorney members who practice workers' compensation law, representing only injured workers. Good luck!... Read More

Yes.  If you get married prior to filing, your spouse's income will factor into the analysis for determining projected disposable income and, therefore, the applicable plan committment period (how long your repayment plan must be) in the Chapter 13 case. Depending on the property laws of your state, it can also affect the amount of your monthly payment.  In most community property states, the income of your spouse must be included in the budget analysis which, in part, determines your monthly payment obligation. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

If the seller declares bankruptcy before you have paid off the debt, the debt would become an asset of the bankruptcy estate.  You would get notice of the bankruptcy from the Court or whomever is appointed to administer the bankruptcy estate (probably a U.S. trustee), would make payments to that person, and the money would be distributed to the bankrupt's creditors.  Although there could be some red tape and bureaucratic holdups in the process, it should not affect your obligation to the seller. The problem is with the equipment lease, which may provide that a bankruptcy filing by the lessee (the seller) constitutes an event of default, entitling the lessor to various remedies, which may include repossession of the equipment, and or higher payments going forward.  You would probably be better protected if, rather than agreeing to make the seller's payment on the lease, you had the lease assigned to you with the lessor's consent.  That way the lease would be between you and the lessor, rather than the lessor and the seller, and the seller's problems should not affect you. Although you haven't specifically asked about them, some other concerns you should have are about the business's debts and liens against its property, which could affect how you structure the transaction.  If you are buying a corporation, for example (as opposed to buying the assets of the corporation), the corporation will remain liable for all of its obligations even after you have bought it.  Also if there are any liens against any of the assets you are purchasing, those liens will stay on even after the sale, and, if the lien holder is not paid, they could be foreclosed upon leaving you no recourse except to go after the seller, who may very well not have any money to pay you back.  You also have to make sure that there are no anti-assignment contractual provisions which could trip you up, such as a provision in a lease, if you are taking over a lease, which says that the tenants can't assign it. There are many traps for the unwary when you're buying a business.   Be careful.... Read More

Obviously you have reason to be suspicious given the outcome of the treatment in the hospital. Depending on your husband's age and underlying health issues there may be a question about whether the case is financially viable. The articles linked below explain this in more detail. If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

yes, a lawyer should copy you with everything. If he is not, perhaps there is a fee dispute going on? Try to be nice at least at first as lawyers get so busy, we get overwhelmed. is the docket on a county website that you can check like here in Pittsburgh? you could call the family division docket clerk and ask how to get copies.... Read More

Under MN law, an employer must allow each employee adequate time from work within each four consecutive hours of work to utilize the nearest convenient restroom. In my opinion, this is supposed to be a paid break. Also, MN law requires that an employer must permit each employee who is working for eight or more consecutive hours sufficient time to eat a meal, but this does not have to be a paid break.... Read More

Yes, there is a statute of limitations for malpractice cases.   Looks like your state may allow 6 years, however, you should consult with a local attorney to confirm.    It sounds more like you have a HIPPA complaint rather than a medical malpractice claim, however.  Here is a link to more information on HIPPA violations and how to file a complaint.   http://www.hhs.gov/ocr/privacy/hipaa/complaints/ NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed as a result of this response. ... Read More